These Terms of Use (the "Terms") govern your use of this website ("Website") as well as such products, features and other services available on or through it (together the "Service(s)"), except where we expressly state that separate terms apply.
The Services are provided to you by MMM Ltd. (referred to as “we,” “us” or "our" in these Terms). When we refer to "you" or "your" in these Terms, we are referring to you as the user of the Services.
1.1 By using the Website, you agree to these Terms and any additional guidelines or rules that are referenced within it. Together, these make up the entire agreement between you and us for your use of our Services. They supersede any prior agreements between you and us. You agree that you have the legal right and authority to enter into these Terms.
1.2 Please read these Terms carefully and make sure you understand them. If you do not understand the Terms, or do not accept any part of them, please do not use the Services.
1.3 Your access to the Services may also be governed by the terms and conditions of third party providers who make available other applications or services to you through this Website. See also Section 4 below.
1.4 You may need to register and/or hold an account to use the Services. You must provide accurate and complete registration information and keep this up to date. Your user name and password (and any identification codes or other information) are for your personal use only and should be kept confidential. We reserve the right (acting reasonably) to prevent your use of a user name or require you to change it.
1.5 We may terminate your use of the Services for your breach of these Terms, including if you repeatedly engage in copyright infringement via or in connection with the Services. See also Section 10.
2.1 We explain in our Privacy Policy, located here, how we process your personal data when you use the Services. If you make your personal data available to a third party, the third party's privacy policy may apply to how this personal data is used. If you choose to make any of your personal data publicly available on the Services, you do so at your own risk.
3.1 Unless otherwise stated by us, the Services are only available only for people aged 13 or older. If you are aged 13 to 18, you should review these Terms with your parent or guardian to make sure that they give you permission to use the Services. Parents and guardians who allow a child to access the Services agree to be bound by these Terms in relation to the child's use of the Services and should supervise the child.
3.2 Individuals not permitted to use the Services include: (a) individuals from countries listed, or those named as sanctioned individuals, on sanctions lists (or similar) by the United States, including the Department of the Treasury’s Office of Foreign Assets Control, or by the United Nations Security Council, the European Union, the United Kingdom under sanctions regimes; and (b) those who have had their account(s) suspended or terminated previously by us, unless we notify you otherwise in writing.
3.3 You are not allowed to:
3.3.1 use the Services for any fraudulent or unlawful purpose;
3.3.2 access, copy, modify, decompile, reverse engineer, download, distribute, transmit, broadcast, display, translate, rent, lease, loan, license, sell, or otherwise exploit or use any part of the Services except: (a) as specifically permitted by the Services; (b) with prior written permission from us and, if applicable, the respective rights holders; or (c) as permitted by applicable law. This includes not removing any copyright, trademark or other proprietary rights notice from the Services or materials within them;
3.3.3 attempt to gain unauthorised access to our Services or interfere with or disrupt the operation of the Services or networks used to make the Services available (including security-related features) or violate the policies of such networks;
3.3.4 restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services);
3.3.5 knowingly introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
3.3.6 use any robots, botnets, scrapers or spiders, site search/retrieval application or other manual or automatic device, algorithm, code, process or methodology to retrieve, index, scrape, data mine or in any way reproduce/republish, obtain a copy of, monitor or circumvent the Services, without our express prior written consent;
3.3.7 use any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us;
3.3.8 use any part of the Services for commercial purposes without our written consent. This means you should only access and use the Services for personal use, and you must not use the Services to: (a) advertise or offer to sell or buy any goods or services without our express prior written consent; or (b) use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
3.3.9 run contests through the Services;
3.3.10 misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
4.1 The Services may include links to websites, products and services owned and operated by third parties. These Terms only apply to this Website and do not apply to that third-party content (or any other website or app operated by the MMM Ltd.). You should review the safety, content and validity of those websites, products and services, and their terms and policies, very carefully. We have no control over the third party's content and we are not responsible for any third party's websites, products and services, or their availability. Your use of such third-party content is at your own risk.
5.1 We will provide the Services with reasonable care and skill.
5.2 The Services are provided "as is" and you access them at your own risk. This means that, other than as expressly stated in these Terms or as required by law, we do not make any specific promises about the Services. For example, we do not promise and cannot guarantee that:
5.2.1 the Services will be appropriate or available for everyone, or in all locations, and we are free to decide this;
5.2.2 the Services or the materials and information provided through them are accurate, complete, uninterrupted, secure, error-free, up to date or able to meet everyone's needs;
5.2.3 any content you post or otherwise submit will be accessible or stored on the Services, or that there will not be restrictions on the volume or type of content you may be able to post; OR
5.2.4 any software, hardware, equipment or system using the Services will function in any manner.
6.1 By law, consumers have certain rights that cannot be excluded or altered by contract terms like these. Nothing in these Terms affects those rights you may have as a consumer and, in particular, we do not seek to limit or exclude our liability for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
6.2 We, our Affiliates and our artists, representatives and providers will not be responsible for any loss or damage you may experience in connection with your use of the Services which is:
6.2.1 caused by an event beyond our reasonable control or which we could not have reasonably foreseen;
6.2.2 the result of any User Content (as defined in Section 8.1) or for the defamatory, offensive or illegal conduct of any user;
6.2.3 not directly caused by us; or
6.2.4 a business loss, because the Services are for private non-commercial uses only.
7.1 Unless we say otherwise in these Terms, we, our Affiliates, artists or our respective licensors and providers own the information and materials made available through the Services. This includes any information or materials that we, our Affiliates or our artists' or their agents, representatives or third parties post to the Services. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws around the world. All such rights are reserved.
7.2 Without prejudice to any other provisions in these Terms:
7.2.1 save as may be expressly permitted by the Services (such as user functionality and in-built tools we may offer in the Website), you are strictly prohibited from transferring or making available to any other person any content on the Services, including but not limited to any audio or audio visual works (including artists' music and videos);
7.2.2 you may not use our, or any of our Affiliates' or artists' trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion;
7.2.3 the respective rights holder(s) retain all ownership in the content and materials available (including audio) on or through the Services and do not grant you any ownership whatsoever, including but not limited to copyright, in such content and materials.
8.1 If you have any questions regarding the meaning of these Terms or need support, please email [email protected] Emails are not necessarily secure, so please do not include credit card information or other sensitive information in any email to us.
9.1 Unless we expressly say otherwise, all purchases made through the Services, all products made available through the Services and your use of such products are subject to our Transaction Terms. If the rules for the purchase or use of the products conflict with these Terms, the Transaction Terms apply.
10.1 Our Services are constantly evolving and we may change, modify, update or amend these Terms from time to time, including as needed to accurately reflect our services and practices, to promote a safe and secure user experience and/or to comply with applicable law. We may modify or discontinue all or part of the Services, charge, modify or waive fees required to use the Services, or offer opportunities to some or all users. We may notify you of such changes by such reasonable means as we determine, including by posting a revised version of these Terms.
11.1 Our agreement under these Terms does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us or any of our Affiliates, artists, representatives and providers.
11.2 If any part of these Terms is found to be unenforceable, that part will not affect the validity and enforceability of any other part.
11.3 You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
11.4 No waiver by you or us of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
11.5 We may transfer our rights and obligations under these Terms to another organisation. We will use reasonable endeavours to inform you if this happens and in a way that the transfer will not materially affect your rights under the Terms.
11.6 Notices to you or about other matters may be made via posts to or via the Services, providing links, by e-mail or by regular mail, in our discretion.
11.7 If you do not comply with these Terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
11.8 Subject to Section 11.9, nothing in these Terms, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties to these Terms, and the respective successors or permitted assigns of such parties, any rights, remedies, obligations or liabilities.
11.9 You agree that our Affiliates and our and their respective artists, representatives and providers who are content owners and service providers from whom we have obtained a licence or other rights to use their content and services (as applicable) in connection with the Services are third-party beneficiaries under these Terms with the right to enforce the provisions of these Terms that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
11.10 If your use of the Service ends, Sections 6 (Liability), 7 (Ownership of information and materials), 10 (Changes to these Terms), 12 (Disputes between us) and 11 (Miscellaneous) will continue to apply.
12.1 These Terms and any dispute or claim arising in connection with them shall be governed by the laws of England and Wales and both you and we can bring legal proceedings in connection with these Terms in the United Kingdom. However, if you are a consumer and your usual place of residence is in another country, you can also rely on the mandatory consumer protection rules that apply in your country of residence and this clause does not override the powers of a competent court in your usual country of residence to decide your claim or dispute if it has jurisdiction.
13.1 In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us accordance with the “How to contact us” section (Section 11 above). The licence you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party. .
